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Understanding New Mexico's School Attendance Law and Its Impact on Students with Unique Challenges

Updated: Nov 7

This is a personal viewpoint. Individuals and families should conduct their own research.


New Mexico's attendance law is called the Attendance for Success Act. It is a chronic absenteeism policy, and replaced the previous truancy-based law when enacted in 2019. This modernization aligned New Mexico with current policy research and guidance.


Find the full law and policy here:


From New Mexico's Public Education Department (PED): https://web.ped.nm.gov/bureaus/safe-and-healthy-schools/attendance-for-success/

and

NMPED's Be Here NM campaign: https://www.beherenm.org


A primary difference between attendance law based on chronic absenteeism, versus truancy, is a focus on addressing root causes of an individual student's absences and providing targeted support. The law here in New Mexico defines a tiered intervention framework, based on the percentage of school days missed. There are four tiers, each with defined actions schools and districts must take.


The intent is to know who is absent in real time, understand the root cause(s) of those absences, meet root causes with support and resources, and ultimately reduce absenteeism.


The overall goal is good: students should be in school as much as possible.


Modernizing New Mexico's attendance law has many positives, and research to support it.


  • Aligning with national research and policy guidance, such as:

  • Focus on addressing root causes of absence;

  • Increasing support between schools and families to improve attendance;

  • Improve ultimate graduation goals.


Chronic absenteeism is indeed a challenge for New Mexico. You can see the actual attendance numbers in New Mexico using NMPED's public dashboard, here:


What about unique circumstances?


There are a lot of reasons behind why students miss school. In fact, the Attendance for Success Act already includes special consideration of absences for:

  • Extracurricular activity participation;

  • Pregnant & parenting students;

  • Religious instruction;

  • and Tribal obligations.


But, there is currently no special consideration for medical absences or those of students with disabilities.


What does the national research and policy guidance say about treating these students fairly?


Nationally, and here in New Mexico, students with disabilities represent an out-sized percentage of students experiencing chronic absenteeism. As a group, the root causes of absences are nuanced and individual to the student and their conditions and circumstances.


The research indicates overall concern for the high rates of absenteeism for these students, as many of the supports for them come through school.


There is general policy guidance toward providing for case-by-case consideration of attendance related to disabilities and medical needs.


NCEO's policy brief (cited below, #1), excerpt from Page 4 (emphasis added):


"Fairer Attendance Policies. Attendance policies are likely to be created, or reviewed and possibly revised in conjunction with states’ chronic absenteeism measure in ESSA. These policies should include information specific to students with disabilities, including how to handle absences arising from a student’s disability that are included in the student’s IEP as well as absences related to receipt of private services and therapies. These policies might identify school and district legal responsibilities under federal and state laws to protect personally identifiable information in a student‘s education and health records that may be relevant to their chronic absenteeism. They also might include plans for governing provision of supplemental make up instruction."


Attendance Work's blog post (cited below, #2), excerpt from 3rd paragraph (emphasis added):

"Students with disabilities face systemic and structural barriers that can disrupt school attendance. Partly for this reason, state education agencies have an essential oversight role in the development and implementation of attendance policies and practices. For students with disabilities to receive the supports they need to attend regularly, state leaders must ensure that attendance policies treat health and disability-related absences in a manner that will not penalize schools or students."


References:

  1. National Center on Educational Outcomes (NCEO) Brief Number 15, April 2018 https:// nceo.umn.edu/docs/OnlinePubs/NCEOBrief15.pdf. Cortiella, Candace, and Kathleen B. Boundy. "Students with Disabilities & Chronic Absenteeism. NCEO Brief. Number 15." National Center on Educational Outcomes (2018).

  2. Attendance Works - Blog Article “ESSA Implementation: Keeping Students with Disabilities In School.” December 12, 2017. https://www.attendanceworks.org/essa-implementationkeeping-students-with-disabilities-in-school/

  3. Future Ed & Attendance Works - “Attendance Playbook, TIER II Strategies: Targeted Support, Students with Disabilities.” Jordan, Phyllis. May 2023. https://www.future-ed.org/ wp-content/uploads/2023/05/Attendance-Playbook.5.23.pdf


Why aren't students with medical or disability-related absences considered in New Mexico's attendance law?


We don't have all the answers and have wondered the same thing! Best guess, this was an unintended consequence that families have begun to experience impacts from, since the law was enacted and started being enforced after the pandemic.


The overall intent of a chronic absenteeism attendance policy is to take every absence seriously, regardless of the reason, excused or unexcused. When a student is not in school, they are missing that learning time and instruction.


However, when it comes to medical absences, especially for severe chronic and acute conditions, extended absences become unavoidable and can quickly add up. When this occurs, families should not be penalized or caused additional undue stress because of the attendance framework policies.


Researching the publicly-available history of the development of the Attendance for Success Act, bill presentations, bill analyis, nor committee debate mentioned medical absences or students with disabilities. Similarly, although policy reports in recent years include a data category for Students With Disabilities, there is no additional information to assist policymakers in understanding how to support or improve the situation of these students.




What can families and community members do to help?


Here's where you come in! The first step in making a change is understanding that there is a problem that needs a solution. When families share their story with leaders and policymakers, they spur a conversation and understanding that can lead to change.




What Impacts Are Families Experiencing?


It matters to families already experiencing challenging situations beyond their control when they do everything right, but are still notified of an attendance issue. These notices by design include warning of referral to CYFD, and some have actually been referred.


Specific effects experienced by families:


  • Receiving notices of absenteeism

  • Tier designation for excused, documented, disability-related absences already addressed in IEPs or Section 504 plans

  • Penalized for taking children to vital care not provided by schools

  • Fear of CYFD referral front & center instead of problem-solving collaboration

  • Bigger attendance impact to non-Metro families whose care providers are primarily in Albuquerque

  • No actual improvement in attendance for school resources expended - needed care services aren’t optional



Looking Ahead: There is hope on the horizon!


The New Mexico legislature's interim Legislative Education Study Committee (LESC) is considering endorsement of amending the Attendance for Success Act for


Presented as part of a list of legislation for proposed committee endorsement on October 17, 2025 (3rd item):

Attendance Provisions for Students with Severe Medical Conditions. This bill would amend the state’s Attendance for Success Act (Section 22, Article 12A NMSA 1978) to allow for greater consideration in excusing absences and directing attendance interventions by school districts and charter schools for students who are regularly absent from school due to a significant medical condition.


 
 
 

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